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City of Banjul
Monday, November 18, 2024
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Magistrate in dilemma as victim of defilement wants case withdrawn

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By Bruce Asemota

Mother of a 15-year-old girl has objected to the withdrawal of defilement charge against one Lamin Marenah who is accused of having unlawful carnal knowledge with the underage girl.

The woman made this disclosure yesterday before Magistrate E. Sowe of Brikama when the matter came up.

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At yesterday’s hearing, police prosecution officer, Inspector Manneh informed the court that before the accused person takes his plea, the victim and her mother wished to speak to the court. Inspector Manneh further said the victim had approached him in his office at the Brikama police station where she indicated that she wants the case to end at the police station and no further. “But the victim’s mother vehemently opposed that   and insisted that the case must be taken to court or she will go to Pa Modou Bojang’s Home Digital   Radio and Membekering to expose the case,” the policeman told the court.

At this point, presiding Magistrate E.Sowe then asked the victim what she wanted the court to do for her and she replied that she wants the court to end the case.

When the magistrate again asked the victim what she meant by ending the case, the victim said that she is the one who used to follow the accused person but her family doesn’t like him. He further asked the victim what exactly she wants the court to do for her as far as her narration is concerned. The victim replied that she wants the charge withdrawn against the accused person because she was the one following him even though he would send her away.

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The court then asked the victim’s mother since she is a minor if she heard what the victim had said. The mother told the court that her daughter is 15 years old and therefore she has no consent. She produced a birth certificate which claimed is her daughter’s but the girl denied it to be hers.

The court however took the birth certificate and at the end of the preliminaries, the prosecution applied under section 68 subsection one of the CPC to withdraw the charge against the accused.

The presiding magistrate refused to grant the application based on the nature of the offence, then adjourned the case to advise himself before making any decision.

The matter was adjourned to 9 November, 2023 for ruling.

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